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Texas Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Texas on
Q: Apt manager obtaining signature of a Resident with a third party who hasnt signed the addendum to the Rental Deed. Is it

Legit? Towing the vehicle of a DISABLED without NOTICE just on the pretext that new LP details couldnot be conveyed to My Vip parking portal though the first time registered is done 5 months ago. Despite having my details with them not informing me before towing tantamount to utter disgrace,... View More

John Cucci Jr.
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answered on Nov 16, 2024

Sorry to hear about your LL problems.

There is no such thing as a rental deed. It's either a lease or an agreement to rent living space in TX.

The terms of any lease in TX, can be made or changed by the Landlord "LL" and Tenant, as long as BOTH agree. If you pay extra...
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1 Answer | Asked in Civil Rights and Small Claims for Texas on
Q: Am I able to take legal action with PayPal if they refuse to give me my money back after a refund is issued?

I made a purchase and used PayPal to pay for it. I never received the item, so I contacted the company I purchased goods from. The company issued a refund through PayPal, but PayPal is refusing to release the funds back to me.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024

The answer to your question is in your user agreement you accepted when you signed-on with PayPal. If PayPal has sent you an email, or letter telling you they are not giving you a refund, I would need to see that to give you solid legal advice.

PayPal is obligated to give you a refund if...
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1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

1 Answer | Asked in Estate Planning and Civil Litigation for Texas on
Q: In Texas are Individual retirement accounts (IRA)s and Roth IRAs protected against lawsuit judgements?

I am a retired educator and want to transfer my 403b to an IRA, but I am also considering opening up an Airbnb.

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Yes both a traditional IRA and Roth IRA are exempt from creditors claims. You can see the Texas Property code section 42.0021 which covers both qualified tax deferred plans and subsection (a)(5) specifically names Roth IRA’s as an included plan. There are a variety of savings plans covered in Texas.

2 Answers | Asked in Business Law for Texas on
Q: How long can it be since an act that we can still file a lawsuit against a bank?

Years ago our bank took money from our account to pay a Dish Network service that we never signed up for.

John Michael Frick
John Michael Frick
answered on Nov 14, 2024

To the extent that the bank actions breached its account agreement with you, four years. If the bank's act was not a breach of contract. most likely a two-year statute of limitations applies. There are certain legal doctrines which can delay or toll the running of a statute of limitations... View More

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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Provided call center services for 24 months; client now refuses to pay invoices. Can we take legal action to recover $?

Provided call center services to client for 24 months. Now they refuses to pay three invoices totaling $19,181.83. Per our contract, a $200 weekly late fee per invoice has accrued, bringing the current amount owed to $41,581.83. Client also failed to honor a three-month cancellation notice, costing... View More

John Michael Frick
John Michael Frick
answered on Nov 13, 2024

First, seeing a contract alone does not necessarily mean that the other party agreed to its terms. If I receive and read your contract, I will be aware of its terms, but that does not mean that I agreed to them. The lack of a signature indicating assent to the terms is going to be a problem. It... View More

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: If abuse causing bodily harm of family members charges are dropped will the accompanying protective order be erased

his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More

1 Answer | Asked in Family Law for Texas on
Q: Where should I go if custodial parent refuse to honor our schedule of visitation in the long distance parenting plan?

Custodial parent moved from Florida without the relocation agreement, to Seattle, WA, I sent information about his ticket some days ago and yesterday she said she won't have permit in her job to honor a parenting plan order, I live in Texas, the Order is from Florida but she is living in... View More

John Michael Frick
John Michael Frick
answered on Nov 12, 2024

It's not up to her job.

If this were a Texas court order, I would recommend that you file a motion for enforcement in the court that issued the order.

Since it is a Florida order, you need to ask the advice of a Florida attorney who practices in the area of family law.

1 Answer | Asked in Domestic Violence and Juvenile Law for Texas on
Q: How do I know if it’s discipline, or neglect/abuse?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Whether acts or omissions constitute discipline or neglect/abuse depends upon the specific facts and circumstances presented by the competent and admissible evidence in a lawsuit which will be adjudicated by a finder of facts (either a judge or a jury).

Generally, reasonable discipline...
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1 Answer | Asked in Family Law for Texas on
Q: How do i know my marital status. And what are the conditions for an annulment.

I was married in the USA for five years. He filed for divorce, and I left the country. I no longer have any paperwork regarding the marriage. Now, I need to find out whether I am still married or not, and I’m wondering if I can apply for an annulment.

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You most likely cannot file for an annulment because the grounds on which an annulment can be granted are very narrow.

If he previously filed for divorce, you should check the Vital Statistics Unit at (888) 963-7111, Monday through Friday, 8 AM–4 PM to see if he ever finalized the divorce.

1 Answer | Asked in Civil Litigation for Texas on
Q: What is the best way to address a Small Claims Debt Citation?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

If you owe the debt, the best way to address it is to pay the debt.

If you paid the debt, or a portion of the debt, the best way to address it is by filing an answer specifically listing each payment you made by date, amount, and method of payment, and then appearing at trial with proof of...
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2 Answers | Asked in Family Law for Texas on
Q: Needing some help with what to do in my family law case

I am the custodial parent in my case with my 15 and 16 yr old kids. I am over the kids school and where they stay I have the rights over that. We have a 50/50 agreement. But the mother of the kids have brainwashed the kids and plotted to have kids not come home and never once told them they had to... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You need to file an application for writ of habeas corpus and motion to enforce. If you do not know what those are and how to do that, I strongly recommend you hire an attorney with experience in family law in or near the county where you live. Be aware that it is often difficult to obtain relief... View More

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2 Answers | Asked in White Collar Crime for Texas on
Q: Why would I have a hundred fifty thousand dollar bond for resisting arrest
Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

Atty. Wymyczak-White is correct. While the bail amount seems quite high, many factors go into a judge's decision regarding what bail should be, and there are guidelines. If you have a substantial criminal history, or egregious underlying charges related to the resisting arrest (like you have... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Doctor said my wife needed it to go to a nursing home and possible surgery after a fall. Does she have a case?

Living at this apartment complex for two years and my wife fell at dropbox to pay the rent the sign at the location say night deposit. We are encouraged to pay the rent there when the office is closed. There was an extremely large plant that's blocking it and the plant looked as if it was... View More

James Clifton
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James Clifton
answered on Nov 9, 2024

Property owners and managers have a duty to maintain the premises in a reasonably safe condition for tenants, visitors, and other lawful guests. If the apartment complex failed to maintain a safe environment near the rent drop box, your wife may have a strong case for premises liability. If the... View More

2 Answers | Asked in Criminal Law for Texas on
Q: I received victim impact request from DA from a fight I had with my husband. Now he wants me to call DA?

I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You shouldn't feel pressured to call the DA, and you don't have the ultimate power to drop the charges anyway-- the DA does, and there's no guarantee that they will. It may be helpful to take the free class they're offering, but fundamentally it's your choice whether you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I file suit for injuries in 2011 if still suffering injuries due to the first injury?

I've had multiple surgeries and hospitalizations since the first injury in 2011. I'm in the hospital now. I've nearly lost my life twice due to an OBGYN's negligence after he delivered my daughter in 2011. My colon was ruptured and removed, I suffered a stroke. On Oct. 1 of this... View More

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More

1 Answer | Asked in Employment Law for Texas on
Q: I was retaliated against and I want to know what rights I have. I worked in multi-family. Can I speak to someone
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: I’m a 17 (18 in feb) year old female, who is finding interest in a 22 year old. are we allowed to date? Sexual relation?
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Yes. The age of consent in Texas is 17. That being said, if you're just in the "finding interest" stage, you should consider whether it may be too early in the relationship to be having sexual relations. Just because something is legal doesn't mean you should do it. A lot of... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My passed away without a will almost 5 years ago, what does my need to prove she has a legal to claim a settlement check

My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More

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